BOSTON–Massachusetts has won a significant legal battle affirming the state’s MBTA Communities law, which mandates denser multifamily zoning in cities and towns with MBTA transit access. A Superior Court judge dismissed lawsuits filed by nine municipalities seeking to avoid complying with the law, which aims to increase housing supply near public transit, Boston Business Journal reported.
According to Grant Welker of the Boston Business Journal, the lawsuit included towns such as Duxbury, Weston, and Hamilton, among others. These communities challenged the law as an “unfunded mandate” and sought preliminary relief that would have allowed them to sidestep its zoning requirements. However, Judge Mark Gildea ruled in favor of the state, finding that “the towns didn’t show they were likely to win their legal arguments,” and therefore dismissed the cases.
The MBTA Communities law requires 177 cities and towns—those with MBTA rail or adjacent to communities with rail access—to adopt multifamily zoning to address the state’s housing shortage. The state auditor’s office had previously agreed with the towns, ruling the law an unfunded mandate due to the potential for substantial costs related to infrastructure and public services.
Despite this, Ed Augustus, Massachusetts Secretary of Housing and Livable Communities, praised the court’s decision, stating, “We are pleased the courts have again affirmed the intent of the MBTA Communities Law, and we look forward to working with the remaining communities to complete their zoning changes” as quoted by the BBJ.
Augustus further emphasized the importance of the law in addressing the state’s housing crisis: “Massachusetts’ housing shortage has led to unaffordable prices and rising rents, but the MBTA Communities Law is working to deliver new housing where it’s needed most and to bring down the cost of housing for all residents” as quoted by the BBJ.
Advocacy groups Citizens’ Housing and Planning Association and Lawyers for Civil Rights also welcomed the ruling as a win for equitable housing development.
As of late May 2025, the Healey administration reported that 133 out of 177 affected communities have already enacted the required multifamily zoning. Moreover, more than 4,000 new homes are under construction as a direct result of the MBTA Communities law according to BBJ.
This ruling marks a pivotal step forward in Massachusetts’ efforts to expand affordable housing near transit hubs and tackle the ongoing housing affordability crisis.
To read the original BBJ article, pleaswe click here.
